Guidelines for Examination in the EPO

Guidelines for Examination - Table of Contents

PART E GUIDELINES ON GENERAL PROCEDURAL MATTERS

CHAPTER IV TAKING AND CONSERVATION OF EVIDENCE

CHAPTER V DEROGATIONS FROM THE LANGUAGE OF THE PROCEEDINGS IN ORAL PROCEEDINGS

1. Taking of evidence by the departments of the EPO

1.5 Summoning of parties, witnesses and experts

1.6 Hearing of parties, witnesses and experts

1.5	Summoning of parties, witnesses and experts

The parties, witnesses and experts to be heard must be invited to appear to give evidence on the date fixed. The summons must be notified. At least two months' notice of a summons issued to a party, witness or expert to give evidence must be given, unless they agree to a shorter period. The summons must contain:

Rule 118(1)

Art. 119

Rule 118(2)

(i)	an extract from the order to take evidence, indicating in particular the date, time and place of the investigation ordered and stating the facts regarding which parties, witnesses and experts are to be heard;

Rule 118(2)(a)

(ii)	the names of the parties to the proceedings and particulars of the rights which the witnesses or experts may invoke (see IV, 1.10); and

Rule 118(2)(b)

(iii)

an indication that the party, witness or expert may request to be heard by the competent court of his country of residence and a requirement that he informs the EPO within a time limit to be fixed by the EPO whether he is prepared to appear before it (see IV, 3.2.2 (iii) and (iv)).

Rule 118(2)(c)

Even if evidence is not taken in oral proceedings, all parties to the proceedings may attend an investigation. Parties not summoned should be informed thereof within the period laid down in Rule 118(2), together with a statement that they may attend.

Rule 119(3)

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Guidelines for Examination in the EPO